Barry's Appeal
Supreme Court of Pennsylvania
Certiorari to and appeal from the decree of the Orphans’ Court of Allegheny county: Of October and November Term 1878, No. 292. Margaret Foster died in Iowa in 1875. In her lifetime she had sold certain real estate in Allegheny county, Pennsylvania, and had taken a mortgage thereon upon which there was due, at the time of her death, a balance of $485. The register of Allegheny county granted letters of administration to James Evans, who collected this balance, and duly…
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Certiorari to and appeal from the decree of the Orphans’ Court of Allegheny county: Of October and November Term 1878, No. 292. Margaret Foster died in Iowa in 1875. In her lifetime she had sold certain real estate in Allegheny county, Pennsylvania, and had taken a mortgage thereon upon which there was due, at the time of her death, a balance of $485. The register of Allegheny county granted letters of administration to James Evans, who collected this balance, and duly accounted therefor. On the 20th of September 1876, this account was taken to the Orphans’ Court for audit, the balance for…
1Opinion of the Court
*133The judgment of the Supreme Court was entered November 25th 1878,
2Per curiam
It is well settled that in the case of an ancillary administration in this state of the estate of a decedent whose domicile was in another state or country, the Orphans’ Court, after having paid all lawful claimants on the fund who are citizess and residents of Pennsylvania, must direct the balance to be paid to the administrator of the domicile. This may sometimes operate hardly, as it seems to do on the appellant in this case, who fears that she is barred by not having put in her claim in time to the foreign administrator.…
3Cited by10 opinions
- Wolfe v. Lewisburg Trust & Safe Deposit Co.Supreme Court of Pennsylvania · 1931
- Laughlin v. SolomonSupreme Court of Pennsylvania · 1897
- Welles's EstateSupreme Court of Pennsylvania · 1894
- Richards v. BlaisdellCalifornia Court of Appeal · 1909
- Middleby's EstateSupreme Court of Pennsylvania · 1915
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